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Tag: SEC

  • SEC Chief Makes Veiled Reference To Imperia Invest Case In Congressional Testimony: Will Ongoing Law-Enforcement Initiatives Spell More Trouble For Serial Online Scammers And Their Enablers?

    SEC Chairman Mary Schapiro

    SEC Chairman Mary Schapiro alluded to the agency’s investigation of the alleged Imperia Invest IBC scam in testimony before Congress this morning, a development that may signal more bad news is in the offing for serial scammers online.

    Without mentioning Imperia by name, Schapiro told members of the House Subcommittee on Financial Services and General Government that the agency, which is a member of the Financial Fraud Enforcement Task Force, participated in “Operation Broken Trust.”

    In December, the U.S. Department of Justice noted that the Imperia case brought by the SEC in October was part of the operation. Imperia was promoted on Ponzi and criminals’ forums such as TalkGold and MoneyMakerGroup, both of which have been identified in federal court filings as places from which family-destroying international Ponzi and HYIP fraud schemes are promoted.

    Schapiro said today that the SEC has been aggressively pursuing “Ponzi scheme operators and perpetrators of offering frauds.” The Imperia case, which the SEC brought in Utah, is an example of an Internet-based offering fraud, as are many of the “programs” pitched on the Ponzi boards.

    In December, members of the Financial Fraud Enforcement Task Force identified Ponzi Scheme "hot spots" in the United States. Pictured here are FBI Executive Assistant Director Shawn Henry (foreground), with Attorney General Eric Holder (right) and Chief Postal Inspector Guy Cottrell. The Task Force specifically warned investors to be wary of social-networking sites and chat forums. And officials noted that "we continue to use sophisticated investigative techniques—like undercover operations and court-authorized electronic surveillance—to collect evidence in ongoing cases and to identify and stop criminals before they prey on others."

    Salt Lake City was identified in December by the Task Force as one of the “top five Ponzi scheme hot spots in the country.” Other Ponzi hot spots include Los Angeles, New York, Dallas and San Francisco, the Task Force said, cautioning Americans that the fraud hardly was limited to those cities.

    “Be wary of people you meet on social networking sites and in chat rooms, where investment fraud criminals have been known to troll for victims,” the Task Force urged.

    In June 2010, the Justice Department used its Justice Blog to create awareness about the emerging threat of mass-marketing fraud, specifically referencing the alleged Pathway To Prosperity Ponzi scheme. Pathway To Prosperity, which the U.S. Postal Inspection Service said created tens of thousands of victims from virtually all corners of the world, also was promoted on TalkGold and MoneyMakerGroup.

    In October, before the public knew Operation Broken Trust was under way, the SEC said Imperia had stolen millions of dollars from thousands of Americans with hearing impairments. The firm used a payment processor known as Perfect Money, a favorite among international scammers who populate the Ponzi boards. Imperia also purported to have a relationship with Visa, but was using the name “without authorization” to disarm skeptical investors, the agency said.

    Not a “single penny” was paid to Imperia investors, the SEC said.

    Money from the Imperia scheme is believed to have been funneled into accounts in Cyprus and New Zealand. Imperia purported to have operated from the Bahamas and Vanuatu, but the business addresses were “fake,” the SEC said.

    The Justice Department said Imperia used “a series of offshore PayPal style bank accounts to raise “in excess of $7 million from at least 14,000 investors worldwide, including 6,000 investors in the U.S. who have invested in excess of $4 million.”

    Earlier this year, the CFTC turned its attention to purported Forex programs that were promoted on TalkGold and MoneyMakerGroup. Some of those programs also used PerfectMoney. Like the SEC, the CFTC is part of the Financial Fraud Enforcement Task Force.

    Tips From The Task Force

    • Be careful of any investment opportunity that makes exaggerated earnings claims, especially during a short period of time.
    • Ask for written information about the investment, such as a prospectus, recent quarterly or annual reports, or an offering memorandum.
    • Consult an unbiased third party, like an unconnected broker or licensed financial adviser, before investing.
    • Don’t be fooled into believing an investment is safe just because someone you know is recommending it. So-called “affinity scams” are one of the favorite methods used to lure people in.
    • If you feel you are being pressured into investing, don’t do it.
    • Be wary of people you meet on social networking sites and in chat rooms, where investment fraud criminals have been known to troll for victims.

  • PP Blog Operated By ‘Self-Appointed Idiot,’ Fan Of Nonexistent Nation Of ‘New Utopia’ Suggests; Blog Invited, Then Uninvited To Ceremony At ‘Palace’

    A man using the anonymous identity of “Mr. Protector,” a hotmail address and an IP in the Netherlands has scolded the PP Blog for a story that described “New Utopia” as a nonexistent nation in the Caribbean.

    New Utopia is the fanciful “tax haven” allegedly dreamed up by Lazarus R. Long, an American who declared himself a “prince” and hatched a plan to form a “new country” that would “rise from the Caribbean on giant concrete platforms built on an underwater land mass,” according to the SEC.

    Using the phrase “selfappointedidiotyouare” [Self Appointed Idiot You Are] apparently to chide the PP Blog for giving less than favorable coverage to the nonexistent nation, the man sent an email to the Blog this morning that both invited and uninvited the Blog to view New Utopia’s “Palace” on a date uncertain.

    “How about we print your words out about New Utopia in size 12 font and then, when New Utopia Construction begins, we can invite you there in front of the Palace and watch you eat the words and the paper they are written on?” the man wrote.

    In the very next paragraph, however, he uninvited the Blog.

    “[H]ow will we know to not allow you to visit The Principality of New Utopia?” the man inquired. “We will find a way of that be assured.”

    Although the context in which the man used the word “Protector” was unclear, it is a word that has been used by members of certain so-called “private associations” that challenge the authority of governments to regulate commerce and the securities industry.

    The AdViewGlobal (AVG) autosurf, for example, identified a member as a “Protector.” AVG has been identified in a racketeering lawsuit as an offshoot of the AdSurfDaily (ASD) autosurf. The lawsuit was filed by members of ASD.

    ASD was accused separately by the U.S. Secret Service of operating a $110 million Ponzi scheme and of committing wire fraud, securities fraud and engaging in the sale of unregistered securities.

    On Feb. 18, the PP Blog reported that federal agents — working with law-enforcement partners worldwide — had broken up a fraud ring operating in part from Florida, Costa Rica and elsewhere.

    Among the defendants charged both criminally and civilly was Jonathan R. Curshen. Curshen has been described as the one-time “honorary counsel” of St. Kitts-Nevis to Costa Rica and a purported “consulate” to New Utopia.

    New Utopia has its own website from which it sells an “International Drivers license” issued by New Utopia for $140.

    According to court records, the nonexistent principality is said to be located undersea “approximately 115 miles west of the Cayman Islands.” It would rise out of the water only after concrete stilts were erected and an above-sea base were anchored to a submerged land base.

    New Utopia, indeed, will rise, according to “Mr. Protector,” the author of the email sent to the PP Blog this morning.

    “Too many of us have worked too hard for too many years to just abandon this project,” he wrote.

    “Your ‘reporting’ does not help,” he complained.

    Long, also known as Howard Turney, was accused by the SEC in 1999 of promoting a fraudulent bond offering over the Internet to fund his upstart country. He settled with the agency in 2000 and was assessed a penalty of $24,000, but the penalty was waived.

    “Prince” Long has used the New Utopia website to complain bitterly about anonymous critics on the Internet. Whether “Mr. Protector” risked a royal scolding from the “Prince” for using an anonymous identity to contact the PP Blog was not immediately clear.

  • SEC: Recidivist Huckster Made Bedside Visit To Dying Man, Promised Him ‘Investment’ Would Take Care Of His Wife For ‘Life’; Couple’s Money Plundered In Apparent HYIP/Prime-Bank Hybrid Scheme With Link To Another Swindle

    EDITOR’S NOTE: Make no mistake: America is at risk from an epidemic of white-collar crime. American money is at risk, American prestige is at risk, and national security is at risk — as Americans hatch one fraud scheme after another and recruit other Americans (and citizens of other countries) to help the schemes mushroom. Some of the conduct reads like fiction of the strangest sort. It’s enough to want to make you gag.

    The story below may make some readers angry — and rightly so. It covers allegations against Larry Michael Parrish of Walkersville, Md. Parrish is accused by the SEC of orchestrating a $9.2 million swindle through IV Capital, his mysterious firm incorporated in Nevis, an island in the Caribbean.  The scheme allegedly had the characteristics of a sort of HYIP/prime bank hybrid.  “Programs” that resemble the one allegedly pushed by Parrish are regularly hawked on Ponzi scheme and criminals’ forums such as Talk Gold and MoneyMakerGroup. Because law enforcement has made inroads in educating the public about the dangers of HYIP schemes, the promoters of such schemes now are trying to make prospects believe they are not investing in an HYIP — and millions of dollars continue to vanish into giant, money-sucking sinkholes.

    The alleged Parrish scheme also has a link to another scheme — this one a “diamond-themed” caper, the SEC said.

    Get ready to gag . . .

    Posing as a concerned financial adviser and investment strategist, recidivist securities swindler Larry Michael Parrish of Walkersville, Md., visited a dying man in a Colorado hospital, the SEC said.

    The man was suffering from cancer. Parrish assured him that investing with him was safe, that the man’s wife would not have to worry about her finances after his death, that “the investment would provide for his wife for the rest of her life.”

    “That money is now gone,” the SEC said. And so is the money from 70 other investors in three states, about $9.2 million in all, the agency added.

    Because Parrish had had well-documented run-ins with the SEC, a trove of information about him was available online and in public filings. Some of his investors even found it. When they approached him with questions, Parrish lied, the SEC said.

    “When expressly asked by investors, Parrish denied that he was the named defendant,” the SEC charged.

    Although Parrish claimed he’d been running a successful business, he’d been running a Ponzi scheme since 2005, the agency said.

    The scheme began to collapse in June 2009, and the excuse-making began, the SEC said.

    “On August 17, 2009, Parrish wrote to his investors to explain the ‘delay in the payment of past earnings,’” the SEC charged. “The letter claimed that some investors in IV Capital had not paid taxes on earnings which ‘triggered a bank audit for the entire group.’”

    “Interest” payments could not be made until the purported bank audit had been completed and until the investors who purportedly weren’t complying with tax laws came into compliance, Parrish allegedly told investors.

    “As part of its investigation, the SEC did not find — and Parrish and IV Capital did not provide — any evidence that there ever was a bank audit that resulted in Parrish being unable to make payments to the investors,” the SEC said.

    But Parrish held to his cover story for months, the SEC said.

    In October 2009, he told investors that “there were still four members who were out of tax compliance,” the SEC said.

    By December 2009, the SEC said, Parrish was reporting good news to investors: Only three members purportedly remained out of tax compliance.

    Even so, the SEC said, Parrish told investors he faced other challenges. These challenges purportedly included “administrative work and time traveling and meeting with non-U.S. clients.”

    A Phantom Partner?

    In February 2010, two investors scheduled a meeting with Parrish in New York to talk about “missed payments and [the] current status of IV Capital. Parrish and a “purported partner in IV Capital” were supposed to attend the meeting.

    “The night before the two investors were to fly from Colorado, where they reside, to New York, Parrish contacted them to say the purported partner was unavailable to meet. As part of its investigation, the SEC did not find — and and IV Capital did not provide — any evidence that Parrish had any partner in IV Capital.”

    What the SEC eventually discovered was that Richard Dalton, who was running a separate, “diamond-themed”  Ponzi scheme, was acting as an agent for Parrish in the Parrish Ponzi scheme, which was called the “Trading Program.”

    Dalton’s alleged diamond-themed scheme also featured bizarre claims, including assertions that payments were delayed to investors because an airplane the firm used to shuttle diamonds from Africa lost an engine and had to make an emergency landing in Amsterdam.

    Parrish “misappropriated” at least $780,000 in investor funds by awarding himself cash, luxury vacations, a motorcycle, shopping trips, and other extravagances, the SEC said.

    He was not registered with the SEC, and had ignored orders handed down for previous misconduct, the SEC said.

    The nature of his new scheme involved some sort of high-risk trading on a limited basis, and part of the fraud is “presently uncategorizable,” the SEC said.

    “No investor funds remain,” the SEC said. “Parrish and IV Capital’s known bank accounts are empty.”

    Since the collapse of the scheme, “Parrish has virtually disappeared and refused to cooperate with the SEC during its investigation,” the agency said.

  • BULLETIN: SEC Charges Jason Bo-Alan Beckman In Trevor Cook Ponzi Scheme; Judge Freezes Assets; Agency Says Investors’ Cash Used To Make Child-Support Payments And Puchase ‘Luxury Homes’ And Cars

    BULLETIN: Jason Bo-Alan “Bo” Beckman has been charged civilly by the SEC in the Trevor Cook Ponzi scheme in Minnesota and named a “leading” figure, according to court filings. The case against Beckman was brought as an action separate from the civil action against Cook, who also was charged criminally and is in federal prison serving 25 years after pleading guilty last year.

    The SEC’s complaint suggests other defendants may follow.

    “His fraud was part of a bigger scheme orchestrated by and with Trevor Cook and several associates,” the agency said, alleging that Beckman raised about $47.3 million of the $194 million gathered in the overall fraud — roughly 25 percent of the overall total. Former radio host Pat Kiley previously was charged civilly.

    Chief U.S. District Judge Michael J. Davis has frozen Beckman’s assets.

    One individual — a 41-year old nurse — submitted a sworn affidavit to Davis that Beckman promised him “guaranteed” annual returns of “12% or greater.”

    The nurse, an inexperienced investor who put $130,000 into the scheme, asserted he learned about the purported currency-trading program from Hollie Beckman, Beckman’s wife. Hollie Beckman has been named a relief defendant amid assertions she received ill-gotten gains. Her assets also have been frozen.

    Another inexperienced investor — a 60-year-old man who previously was retired but has returned to work because his life savings of nearly $750,000 were wiped out in the scheme — said in a sworn affidavit that Beckman promised him a “guaranteed”  return of 10.5 percent. Like the nurse, the man was given a tour of the Van Dusen Mansion, the landmark Minneapolis estate from which Beckman and Cook conducted business.

    This man rolled over his 401K account and liquidated his pension fund to become an investor, according to an affidavit.

    Yet-another inexperienced investor — a 62-year-old man who works as a water-plant operator — said he put $99,300 into the scheme by liquidating an account at Bear Stearns. Beckman promised him that his “fixed” account would generate about 13 percent annually, according to a sworn affidavit.

    All told, the SEC charged, “Beckman’s investors ultimately lost over $39 million by investing in the Currency Program and putting their money in his hands.” About 143 investors gave Beckman their money.

    Luz M. Aguilar, an SEC investigator, said that $85 million of the $194 million “was never invested in any type of foreign currency trading.”

    And Aguilar alleged that “the Beckmans deposited approximately $7.7 million into their personal joint accounts.” The funds originated “from accounts containing funds of investors,” according to Aguilar.

    More than $61,000 was used to make child-support payments, Aguilar alleged.

    But most of the money went to fuel an extravagant life-stlye, according to Aguilar. Here is a list of some of the spending:

    • $210,828 for automobile payments. The fleet allegedly included a 2010 Jaguar, a 2008 Land Rover, a 2006 Land Rover, a 2008 Mercedes, a 2008 Suzuki and a 2000 Mercedes.
    • $1.49 million for payments “toward the purchase” of luxury homes in Minneapolis, Texas and Florida.
    • $695,000 for credit-card payments.
    • $180,000 for a suite to watch hockey games.
    • $36,000 to “resorts.”
    • $76,000 to a country club.
    • $108,000 for cash withdrawals.
    • $224,000 for construction and repairs.
    • $997,000 for payments to seven law firms.
    • $223,000 for taxes.

    “Beckman was in a position to know the truth about the Currency Program,” the SEC charged. “He worked side-by-side with Trevor Cook at the Van Dusen mansion. Red flags waved all around him. For example, he knew — by April 2008, over a year before the scheme collapsed — that investors’ funds were pooled and were not in segregated accounts at all. He also learned from Trevor Cook that the location of investors’ funds was ‘not a black and white situation.’ The warning signs were glaring. Yet Beckman kept [quiet] — and kept taking tens of millions of dollars from investors . . .

    “Now that the Currency Program is over — and the money flow has stopped — the Beckmans apparently are struggling to make ends meet. Their expansive home in the Minneapolis suburbs is in foreclosure,” the SEC said.

    The SEC asked Davis to halt a sheriff’s sale set for March 14, and the judge issued an order blocking it.

    Even though Beckman had serious doubts about Cook, he kept them to himself, not sharing with investors information they needed to make informed decisions, the SEC charged.

  • URGENT >> BULLETIN >> MOVING: Feds, SEC Say Connecticut Ponzi Scheme With International Reach Involved ‘Hundreds Of Millions Of Dollars’; 2 Arrests Made By FBI In Florida

    BULLETIN: A Connecticut hedge-fund operator not registered with the SEC “in any capacity” and two other men — both Venezuelan nationals — have been charged in a spectacular Ponzi caper that allegedly involved hundreds of millions of dollars and a derailed plot to thwart an SEC investigation.

    FBI agents have arrested Juan Carlos Guillen Zerpa, and Juan Carlos Horna Napolitano in Florida. They are charged with conspiracy to obstruct justice, to obstruct an official proceeding and to defraud the SEC.

    Guillen Zerpa, 43, is an accountant and a citizen of Venezuela. Horna Napolitano is a Venezuelan citizen living in Pembroke Pines, Fla. Pembroke Pines is a city in Broward County.

    The principal defendant in the case — Francisco Illarramendi, 42, of New Canaan, Conn. — already has pleaded guilty to criminal charges, according to U.S. Attorney David B. Fein of the District of Connecticut. He was accused by the SEC in its civil case of misappropriating at least $53 million in investor assets.

    “As a result of the scheme, the investors and creditors of Illarramendi’s funds face potential losses of hundreds of millions of dollars,” the FBI said in a statement.

    The SEC today upgraded civil charges filed against Illarramendi in January, saying he “attempted to hide the fact that his hedge funds were missing assets by providing the SEC staff with a false letter from an accountant in Venezuela that purported to verify the existence of approximately $275 million in assets held by one of the funds.

    “Those assets do not exist,” the agency alleged.

    “Illarramendi knew that the SEC was onto his scheme and compounded his fraud by attempting to mislead the Commission’s staff,” said David P. Bergers, director of the SEC’s regional office in Boston.

    Fein said the scheme may prove to be the largest in Connecticut’s history.

    “This investigation has revealed that Francisco Illarramendi operated a massive Ponzi scheme that has defrauded foreign investors of hundreds of millions of dollars,” Fein said. “While the precise dollar losses will not be known for some time, based on this fast-moving investigation, we believe this case represents the largest white-collar prosecution ever brought by this office.”

    Both the FBI and the SEC pursued the case forcefully, Fein said. The agencies are part of the newly formed Connecticut Securities, Commodities and Investor Fraud Task Force, which Fein said was “actively investigating this and other financial fraud schemes.”

    A veteran FBI agent said criminals domestic and “overseas” should expect to get caught.

    “This investigation should serve as fair warning to those, whether in Connecticut, elsewhere in the United States, or overseas, who would attempt to victimize an increasing number of American and foreign investors,” said Kimberly K. Mertz, special agent in charge.

    “The Connecticut Securities, Commodities, and Investor Fraud Task Force will continue to aggressively investigate these criminals and protect the rights of the investing public,” Mertz said.

    Charging documents in the case allege a spectacular fraud that relied on self-dealing and an elaborate maze of deceit.

    Illarramendi pleaded guilty to two counts of wire fraud, one count of securities fraud, one count of investment adviser fraud and one count of conspiracy to obstruct justice, to obstruct an official proceeding and to defraud the SEC.

    He faces up to 70 years in federal prison.

    “Illarramendi has admitted that he agreed to pay Guillen [Zerpa] and Horna [Napolitano] more than $3 million for fabricating” a letter and creating false support for $275 million in loans, the FBI said.

    Read the statement from the FBI and Fein.

    Read the SEC complaint.

  • SEC Charges Rajat K. Gupta, One Of World’s Top Business Consultants, In Insider Trading Case Involving Raj Rajaratnam, One Of America’s Richest Men

    In a case apt to plague Wall Street with questions about whether people on Main Street should trust it,  the SEC has accused one of the world’s foremost business consultants with providing illegal “insider trading” tips that lined the corporate pockets of one of the richest men in the world.

    Rajat K. Gupta is accused of providing confidential information about the earnings reports of Goldman Sachs and Procter & Gamble to Raj Rajaratnam and also disclosing to Rajaratnam a plan by Warren Buffett’s Berkshire Hathaway to invest $5 billion in Goldman.

    Gupta allegedly gleaned the information while serving on the boards of Goldman Sachs and Procter & Gamble. Rajaratnam, the head of Galleon Management, used it virtually immediately either to generate illegal trading profits of millions of dollars or to avoid losing millions of dollars, the SEC charged.

    Rajaratnam, who is facing a criminal trial in the Galleon insider-trading case, was listed as No. 236 on the 2009 Forbes magazine list of the 400 richest Americans. Forbes reported that Rajaratnam had assets of $7 billion in 2009.

    Gupta, meanwhile, is the chairman of the International Chamber of Commerce, a special adviser to the United Nations, an adviser to the Bill & Melinda Gates Foundation, an adviser to prominent academic institutions in the United States and India  — and a board member or former board member of some of the most famous companies in the world. By virtually all accounts, he built a stunningly successful international business career after starting out at McKinsey & Co. in 1973.

    Today, though, the SEC accused him of betraying the trust he had built up over decades.

    “Gupta was honored with the highest trust of leading public companies, and he betrayed that trust by disclosing their most sensitive and valuable secrets,” said Robert Khuzami, director of the SEC’s Division of Enforcement. “Directors who violate the sanctity of board room confidences for private gain will be held to account for their illegal actions.”

    Gupta “voluntarily resigned” from P&G’s board today, the company said in a statement. He left the board of Goldman Sachs last year.

    One of the problems with illegal insider trading is that it undermines the public’s confidence in the fairness and integrity of securities markets, the SEC says. It is illegal to trade on material, nonpublic information about a security and to breach a fiduciary duty.

    Read the stunning allegations against Gupta, who denies them.

  • BULLETIN: Man Implicated By Jamaica In Alleged $326 Million Ponzi Known As ‘Cash Plus’ Now Accused By United States Of Orchestrating Separate HYIP Scheme That Funneled Cash To Latvian And Jamaican Accounts

    EDITOR’S NOTE: You might feel a chill after reading the story below about Bertram A. Hill and co-defendants implicated by the SEC in an international fraud scheme that ensnared investors in the United States and Europe. The SEC case includes an allegation that U.S. retail brokers were solicited to push unqualified clients to a murky Massachusetts firm that funneled business to Hill, who was suspended by FINRA in 2002, had an unpaid FINRA fine of $5,000 and yet somehow was operating under the radar. If that’s not shocking enough, Hill already had been implicated by Jamaican authorities in a Ponzi scheme that allegedly gathered hundreds of millions of dollars — and yet allegedly still was able to line up millions of dollars from new investors more than two years after being charged criminally with fraud in Jamaica. Records show the case in Jamaica was brought in April 2008. The new scheme, according to the SEC, began in December 2010, about two months ago. Accounts from Jamaican media in 2008 noted that “heavily armed police officers” were patrolling the grounds during a court appearance by Hill and his brother, Carlos Hill, in 2008. A “handful” of protesters unhappy that arrests had been made demanded that Carlos Hill, the alleged mastermind of the Jamaican scheme, be set free, according to the Jamaica Observer. (See link at bottom of story.) Among the victims in the later-to-emerge scheme, which the SEC alleged was unrelated to the Jamaican scheme, were a “boarding school for boys” in Brandon, Fla., a retired school teacher from California, an unidentified U.S. investor who plowed about $250,000 into the scheme, an investor in the United Kingdom who plowed at least $1.3 million into the scheme and an investor in Switzerland who plowed more than $1.8 million into the scheme.

    “[T]hese securities were fictitious and nearly $3 million of investor funds were quickly wired out of the country to accounts in Latvia and Jamaica,” the SEC charged.

    BULLETIN: The SEC has filed an emergency action in federal court in New Jersey to halt a “Swiss debentures” scheme allegedly operated in the United States by a man charged criminally in Jamaica with laying waste to investors in a $326 million Ponzi scheme.

    U.S. District Judge Anne E. Thompson has frozen the assets of the defendants in the U.S. case, while also ordering the repatriation of assets and expedited discovery.

    The Jamaican scheme, which was exposed in 2008, is known as “Cash Plus.” It has become the subject of global intrigue and an international money-chase, playing out not only in the Caribbean but also in venues such as Europe and the emirate of Dubai in the Persian Gulf. Dubai is one of seven emirates of the United Arab Emirates.

    The alleged U.S.-based scheme appears to have begun in late 2010 and has the hallmarks of a prime-bank/HYIP hybrid that promised spectacular returns of up to 100 percent monthly, according to the SEC complaint.

    Investigators said the U.S. case against Bertram A. Hill was “unrelated” to the alleged Jamaican fraud for which he faces trial this year, but that millions of dollars had been “spirited” to Latvia and Jamaica from bank and brokerage accounts in the United States without investors’ knowledge or permission.

    Hill, according to the SEC allegations, was booted by the Financial Industry Regulatory Authority (FINRA) amid customer complaints 2002. FINRA, the SEC said, leveled a $5,000 fine against Hill that remains unpaid

    Hill, whose age was not immediately known, resides in Red Bank, N.J., according to court filings. The SEC said he presided over a company known as Secure Capital Funding Corp. (SCF), which purported to be a subsidiary of a firm known as “ST Underwriters.”

    ST Underwriters, the SEC said, held itself out as a “private banking group” operating out of Panama and as a subsidiary of a company known as “Secure Trust.”

    Although Secure Trust “purports to be a business operating in Switzerland,” the SEC said, it “is not authorized by the Swiss Financial Markets Supervisory Authority . . . to do financial business in Switzerland and is on FINMA’s published “black list.”

    A mysterious company known as PP&M Trade Partners, which purported to be located in Elkart Ind., also was part of the fraud, the SEC alleged. PP&M was under the control of Kiavanni Pringle of Metheun, Mass., according to the agency.

    Pringle, whose age was not immediately known, also has been named a co-defendant in the case. Despite the assertion PP&M was operating as a financial-services business in Indiana, the Indiana location proved to be a “warehouse where another business with which Mr. Pringle was previously associated stores televisions and other merchandise,” the SEC said.

    PP&M actually was operating from Pringle’s home in Massachusetts and had “no clients” prior to November 2010, the SEC said.

    Pringle and PP&M used “multiple, detailed websites” to engage retail brokers to find investors for the scheme, the SEC alleged. The brokers were offered “commissions” of up to 4 percent from purported “gains” enjoyed by clients.

    “None of the offerings and sales of purported Swiss debentures made by Defendants beginning in December 2010 have been registered with the Commission by an issuer in accordance with the federal securities laws,” the SEC said. “At least some of the sales made by Defendants have been made to persons who did not qualify as ‘accredited investors’ so as to exempt Defendants from the obligation to register the securities offerings and make required disclosures. None of the Defendants ever sought or obtained an exemption from the registration requirements.”

    Read the stunning SEC complaint, which asserts that at least some of the investors didn’t even know with whom they were doing business because the “true identities” of the alleged schemers were not disclosed.

    Read a 2008 story in the Jamaica Observer that outlines allegations made against Hill nearly three years before a new scheme allegedly took root in the United States.

  • PROSECUTION BOMBSHELL: Accused Ponzi Schemer Andy Bowdoin Traveled To Costa Rica In 2008 To Explore Option For Offshore ‘Autosurf’ Firm; AdSurfDaily’s Internal Software System Identified Member Payouts As ‘ROI,’ Despite ASD Claim It Was Not Offering Investments

    Andy Bowdoin

    BULLETIN: UPDATED 9:29 P.M. ET (U.S.A.) Prosecutors have advised a federal judge that AdSurfDaily President Andy Bowdoin and unnamed “others” traveled to Costa Rica in the spring of 2008 to get the lay of the land for an offshore autosurf that would be “another version” of ASD.

    The alleged trip occurred less than two years after the SEC accused 12DailyPro, an autosurf based in North Carolina, of selling unregistered securities in the form of investment contracts, prosecutors said.

    The explosive claim Bowdoin ventured offshore to pursue the creation of an ASD satellite may signal that the government views ASD not only as a Ponzi scheme, but as a business that deliberately sought to dial up its efforts to circumvent U.S. laws and create an even greater Ponzi war chest by establishing a footprint outside the United States.

    Since at least February 2006, the SEC has described the autosurf business model as anathema and a form of obvious securities fraud. Bowdoin was well aware of the SEC lawsuits and scrutiny domestic autosurfs such as 12DailyPro, PhoenixSurf and CEP had sparked in 2006 and 2007, prosecutors said.

    Meanwhile, investigators have evidence that shows ASD’s internal software system described payments to members as “ROI,” an acronym that that means “return on investment,” prosecutors said.

    The assertions by prosecutors — if proven true — may undermine ASD’s defense strategy of arguing it was an “advertising” program, not an “investment” program.

    Prosecutors did not identify by name the surf allegedly contemplated for Costa Rica. In late 2008 and early 2009, a surf with close ASD ties known as AdViewGlobal (AVG) debuted. The launch occurred about four to five months after the U.S. Secret Service seized $65.8 million from the personal bank accounts of Bowdoin in August 2008.

    Bowdoin’s trip to Costa Rica occurred before the ASD seizure, prosecutors said. If true, the claim could be used to prove ASD was seeking an exit plan even before the Secret Service raid. In 2008, prosecutors asserted that Bowdoin had moved millions of dollars offshore and talked about purchasing a home in another country.

    AVG purported to operate from Uruguay, but had servers that resolved to Panama. Some ASD members have said Bowdoin was a silent partner in AVG.

    Prosecutors described the “ROI” development as just another ASD incongruity, advising U.S. District Judge Rosemary Collyer that Bowdoin was well aware that a serious securities challenge could be made against his firm and chose to ignore the risk and misinform members.

    Beginning as early as January 2007, “[O]thers warned Bowdoin that ASD was nothing more than an investment scheme and that the program needed to be changed if it were to operate legally,” prosecutors argued in a brief to Collyer. “Bowdoin did not heed that advice and continued unabated in offering members higher returns than banks or brokerage firms. Moreover, based on his prior criminal experience, Bowdoin was well aware of the securities regulations and knew he was offering a security.”

    Any argument that ASD was not offering “investment contracts” as defined under the Howey Test should be dismissed, prosecutors said, arguing that ASD meets all three prongs of the Howey Test.

    Bowdoin sought about three weeks ago to have the criminal charges filed against him dismissed, arguing that ASD met none of the three Howey prongs.

    Nonsense, prosecutors said.

    ASD’s advertising was “merely a cover for Bowdoin’s sale of a get rich quick scheme,” prosecutors said.

    And prosecutors also cited other alleged proof that ASD was running an investment program — namely that some employees were being paid in ASD “ad packs.”

    “Bowdoin and the employees of ASD treated the ‘ad packages’ as shares from which they could expect to earn returns,” prosecutors argued.

    Prosecutors also pointed out a section of ASD’s Terms of Service that stated the firm “will” pay members 125 percent of the money they paid in. At the same time, prosecutors quoted video evidence of Bowdoin wooing members by focusing on ASD as a money-making opportunity.

    Bowdoin, prosecutors said, eventually limited the amount of money investors could pay ASD “because he did not want any one member dominating the return pool.”

    The prosecution’s assertions occurred against the backdrop of dozens of competing claims by ASD members who filed pro-se pleadings in the civil portion of the case that asserted the government had no “EVIDENCE.”

    Members made the claim despite the fact that some of the evidence against ASD had been part of the public record for more than a year at the time the claims were made in 2009.

    In a footnote to Collyer, prosecutors said they’d be happy to present the actual video of Bowdoin making various claims instead of simply quoting from a transcript.

    “[T]he government’s review of ASD’s bank records revealed that of the approximately $31 million ASD paid out to early members, more than 98% of that money came from monies paid to ASD by other members,” prosecutors said.

    Although ASD claimed to have funding sources beyond advertising payments made by members  — things such as banner ad sales and ebooks  — those outlets provided only de minimis revenue, prosecutors argued.

    “Each night, there was nothing more than new members funds to divide among existing members,” prosecutors argued. “Moreover, Bowdoin himself admitted, on video, that members funds are pooled and they will share in the profits and losses equally.

    “Specifically, Bowdoin, in the ‘New Member Success Video,’ claimed that “[w]hen sales increase, the rebates increase. When sales decrease the rebates decrease . . .”

    “Clearly Bowdoin, through ASD, was pooling all of the member’s funds which allowed him to make the requisite return payments,” prosecutors said.

    Prosecutors also argued that the ASD case should remain in Collyer’s courtroom in the District of Columbia. Bowdoin argued that the case should be transferred to Florida, in part because he and many witness live there.

    Although prosecutors agreed that many prospective witnesses live in Florida, they argued that witnesses reside in multiple jurisdictions because of the national and international scope of the case.

    In addition to Floridians, witnesses the government may present hail from the District of Columbia, North Carolina, Nevada, Oklahoma, Iowa and  elsewhere, prosecutors asserted.

    ASD also had members from at least 18 countries, and conducted “rallies”  in Illinois and Minnesota, among other states, prosecutors said.

    Read Bowdoin’s claims that the charges against him should be dismissed and that ASD did not meet any of the three Howey Test prongs.

  • UPDATE: Suspect Arrested Friday In Alleged Pump-And-Dump Scheme And Costa Rican Money-Laundering Caper May Have Link To Bizarre Underwater ‘Nation’ That Sells ‘Driver’s Licenses’ For $140

    Jonathan R. Curshen, one of six people charged criminally by federal prosecutors and sued civilly by the SEC last week in Southern Florida in an alleged penny-stock, securities fraud, wire-fraud and money-laundering caper, once was a purported “consulate” to the bizarre, nonexistent nation of “New Utopia,” according to web records.

    New Utopia was a fanciful “tax haven” allegedly dreamed up by Lazarus R. Long, an American who declared himself a “prince” and hatched a plan to form a “new country” that would “rise from the Caribbean on giant concrete platforms built on an underwater land mass,” according to filings in a 1999 case brought by the SEC.

    Long also is known as Howard Turney. He invited investors “to become charter citizens of the new country,” the SEC alleged 12 years ago.

    The SEC settled with Long years ago, and a federal judge ordered him to stop selling bonds and to pay $24,000 in disgorgement of ill-gotten gains. The penalty was waived because of his financial condition.

    New Utopia continues to have a website — one from which a purported “Prince Lazarus” holds forth. Last month, according to the site, the prince ventured that 2011 would be a big year for the nonexistent state, which oddly claims that it is accepting preorders for a coin “Currently out of production.”

    The coin is positioned as a limited “commemorative” worth 250 U.S. dollars. The site also solicits citizens to purchase the purported national flag of New Utopia for $80 and an “International Drivers license” issued by New Utopia for $140.

    One of the problems with the flag and New Utopia driver’s license is that the country itself does not exist and holds no dry land even if it did exist. Indeed, according to court records, the nonexistent principality is said to be located undersea “approximately 115 miles west of the Cayman Islands” and would rise out of the water only after concrete stilts were erected and an above-sea base were anchored to a submerged land base.

    Despite the bizarre incongruities, including the apparent assertion that New Utopia driver’s licenses are valid in all jurisdictions worldwide, citizens may use PayPal to purchase the items from New Utopia, according to the website. Other New Utopia trinkets, including a purported “ornament” bearing the likeness of Prince Lazarus, also are available from the purported nation’s online store.

    “I would like on this most auspicious New Years day to thank our citizens and other well wishers for their support throughout our years of struggle,” Prince Lazarus reportedly noted. “It has been a hard and challenging effort, which will be soon justified. I am not at liberty to disclose details, but this is the year when the building of the infrastructure of our great City/State will begin.”

    See earlier story on Curshen. See FBI new release on the charges filed against Curshen, Michael Simon Krome, 49, a securities attorney from Long Island, New York.; Ronald Salazar Morales, aka “Ronny Salazar,” 39, of Costa Rica; Robert Lloyd Weidenbaum, 44, of Miami; and Eric Ariav Weinbaum, 37, and Izhack Zigdon, 47, of Israel.

  • BULLETIN: Gold Quest International (GQI) UPLINE/DOWNLINE Groups Will Be Subject Of Hearing By Ontario Securities Commission; Case Alleges Respondents Were Both Investors And Promoters Who Pushed Unregistered Securities Of Bizarre Firm

    EDITOR’S NOTE: If you’re pushing Ponzi schemes on MoneyMakerGroup, TalkGold and other criminal forums, allegations brought by the Ontario Securities Commission (OSC) against geographically localized promoters of Gold Quest International (GQI) may interrupt your delusions of invincibility over the next several weeks.

    Upline and downline networks within Gold Quest International (GQI), a bizarre company taken down by the SEC just three months before the U.S. Secret Service raid on AdSurfDaily in 2008, are in the news in the Canadian province of Ontario.

    The Ontario Securities Commission (OSC) will conduct a hearing March 24 to consider taking provincial action against local promoters of GQI, which already has been ruled a Ponzi scheme, pyramid scheme and “sham” investment by the Alberta Securities Commission.

    OSC pointed out that GQI “has never been registered in any capacity with the Commission” and alleged that its promoters within the province also were not registered.

    The case is important because it signals that Ontario regulators have backtracked millions of dollars of GQI transactions that originated in the province, segregated the source of the money to specific groups of promoters within the province and now intend to hold them accountable for spreading financial misery to their fellow citizens.

    The odds of the respondents avoiding sanctions after the hearing may be low. One Ontario man implicated in the GQI scheme already has filed bankruptcy and has been ordered to pay $652,000 in disgorgement and penalties for his role in GQI.  The man, Donald Iain Buchanan, allegedly was introduced to GQI by some of the promoters who are the subject of the hearing next month.

    And the odds may be weighted even more heavily against the promoters prevailing at the hearing because of the bizarre claims of GQI itself, which purported to have a “Lord” among its key managers and said it was immune to regulatory oversight because it was an extension of a North Dakota sovereign “Indian” tribe and was permitted to operate untouched from Las Vegas.

    GQI, which gathered about $29 million in a long-running scheme by promising returns of 87.5 percent a year and huge commissions, sought unsuccessfully to sue the SEC for the astronomical sum of $1.7 trillion. A U.S. federal judge dispatched U.S. marshals to haul key players into court for ignoring court orders, and vast sums of money appear to have gone missing down ratholes in Europe and New Zealand.

    Some of the money also is tied up as a result of criminal allegations — including murder — against James Fayed, the operator of the now-shuttered E-bullion payment processor.

    In its statement of allegations, OSC accused Simply Wealth Financial Group Inc., Naida Allarde, Bernardo Giangrosso, K&S Global Wealth Creative Strategies Inc., Kevin Persaud, Maxine Lobban and Wayne Lobban of promoting unregistered securities. All of the accused companies and individuals have Ontario addresses, according to OSC.

    “During the Material Time, Simply Wealth, Allarde, Giangrosso, K&S, Persaud, Maxine Lobban and Wayne Lobban . . . promoted securities in Gold-Quest to Ontario residents,” OSC charged.

    About 94 Ontario residents plowed $1.6 million into GQI “as a result of promotional activities conducted by Allarde, Giangrosso and Simply Wealth,” OSC charged. “These activities included recommending investment in Gold-Quest, providing information regarding the nature of the investment in Gold-Quest, facilitating the process of investing in Gold-Quest, and, in certain cases, facilitating the transfer of funds to Gold-Quest on behalf of investors.”

    K&S and Persaud, meanwhile, caused about nine Ontario investors to plow about $69,000 into the GQI scheme. Among their alleged customers was Buchanan, who also became a promoter and caused his customers to bring $1.8 million more into the scheme, according to OSC.

    Maxine Lobban and Wayne Lobban also became promoters and caused investors to bring “at least $675,000” into the GQI scheme, the OSC alleged.

    The math of the scheme was doomed to fail, but purveyors were lured by titles and promised both spectacular investment earnings and commissions. Promoters were categorized in upline/downline tiers, the OSC alleged.

    “Individuals who introduced an investor to Gold-Quest would receive the title ‘Administrative Manager’ for the new investor,” OSC alleged. “Administrative Managers would receive an up-front commission of ten percent of that investor’s original investment and then a further four percent per month for a year (for a total commission of 58 percent of the principal invested).

    “The individual who had introduced the Administrative Manager to Gold-Quest would receive the title ‘Managing Director’ for the new investor and would receive a commission of 1.5 percent per month for a year (for a total of 18 percent of the principal invested),” the OSC continued.

    “Lastly, the individual who introduced the Managing Director to Gold-Quest would receive the title ‘Supervisory Managing Director’ for the new investor and would receive a commission of one percent per month for a year (for a total of 12 percent of the principal invested).

    “In sum, when a new investor sent funds to Gold-Quest, 88 percent of the investor’s funds were earmarked for commissions to be paid to the investor’s Administrative Manager, Managing Director and Supervisory Managing Director over the course of a year,” OSC alleged.

    In November 2010, OSC ordered penalties and disgorgement of $652,000 against Buchanan for his role in the GQI scheme.

    “Buchanan’s conduct warrants a substantial administrative penalty,” OSC said. “He was involved in two investment schemes in which Ontario investors invested approximately US $4.3 million.”

    Although commission staff had recommended an administrative penalty of $150,000 against Buchanan, who is bankrupt, OSC doubled the amount to $300,000, saying Buchanan had shown no remorse and that the smaller penalty would not serve as a deterrent.

  • KABOOM! SEC, Feds Target Alleged Money-Laundering Operation In Costa Rica; 6 People From Various Countries Charged Criminally; 7 Charged Civilly In Coordinated Probe Of ‘Pump And Dump’ Schemes

    BULLETIN: Two days after Southern Florida’s top federal prosecutor warned that offshore fraudsters who targeted Americans had no safe haven, six people from various parts of the world who allegedly ran or contributed to a pump-and-dump scheme that used the services of a  money-laundering operation in Costa Rica have been charged criminally, authorities said.

    The SEC, meanwhile, charged seven people civilly. An attorney has been charged both criminally and civilly, the SEC said. The cases were brought in the Southern District of Florida, which has been a hotbed of financial crime.

    Defendants in the cases hail from Costa Rica, Great Britain, Canada, Israel and the United States, according to the SEC. The criminal charges include conspiracy to commit securities, mail and wire fraud; wire fraud; mail fraud; violating the securities regulation laws and obstruction of justice.

    Jonathan R. Curshen, a convicted felon awaiting sentencing in an earlier securities and bribery scheme, has been charged both criminally and civilly in the new case. Curshen, 46, a dual U.S. and British citizen and the one-time “honorary counsel” of St. Kitts-Nevis to Costa Rica, presided over a Costa Rican company known as Red Sea Management Ltd.

    Red Sea “effected fraudulent pump-and-dump schemes on behalf of its clients and laundered millions of dollars in illegal trading proceeds out of the United States to its clients overseas,” the SEC charged.

    Also charged criminally and civilly were attorney Michael S. Krome, 49, of Lake Grove, N.Y; Ariav “Eric” Weinbaum, 37, of an unspecified city in Israel; Yitzchak Zigdon, 47, of Tel Aviv; Ronny Morales Salazar, 39, of San Jose, Costa Rica; and Robert L. Weidenbaum, 44, of Coral Gables, Fla.

    Krome and Weidenbaum (as distinct from Weinbaum) are Americans.

    Weinbaum, according to records, has dual U.S. and Israeli citizenship. He previously lived in Boca Raton, Fla., but now is living in Israel, the SEC said. The SEC alleged that Weinbaum has a “network of operatives he uses to perpetrate pump-and-dump stock manipulations.”

    Zigdon is an “Israeli accountant and the business partner of Weinbaum,” the SEC said.

    David C. Ricci of San Jose, Costa Rica, was charged civilly, and already has settled with the SEC. Ricci is a citizen of Canada who was living in Costa Rica, according to the SEC charging documents.

    “This group of illicit stock promoters sought to hide their scheme behind offshore entities, but their misconduct was exposed by the excellent cooperation of law enforcement agencies here and abroad,” said Cheryl Scarboro, associate director in the SEC’s Division of Enforcement.

    On Feb. 16, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida warned offshore scammers and criminals that the United States would not tolerate crime aimed from abroad at its citizens.

    “International law enforcement cooperation eliminates safe havens for those who cheat American citizens from overseas,” Ferrer said.

    “Curshen directed Red Sea to open numerous nominee brokerage accounts with U.S. and Canadian broker-dealers to enable the firm to engage in coordinated manipulative trading and conceal its illegal activity,” the SEC charged, alleging that Ricci and Salazar had trading authority over the nominee accounts.

    The scheme for which the charges were brought centered on a “sham” company known as CO2 Tech Ltd., which purported to be in the business of reversing global warming, the SEC said.

    Purportedly based in London, the company claimed to have a relationship with Boeing, the aircraft-maker, and traded on the Pink Sheets.

    “There were no communications, correspondence or understandings between CO2 Tech and Boeing,” the SEC said flatly, alleging that CO2 Tech was a “sham” that had no “significant assets or operations.”

    Krome, the lawyer, “issued a fraudulent opinion letter” to enable Weinbaum and Zigdon to advance the scheme, and “Weinbaum hired Weidenbaum” to distribute false information through websites, spam e-mails and fax blasts, the SEC charged.

    “Weidenbaum enlisted a group of stock promoters who then executed illegal ‘matched orders’ with Red Sea’s nominee brokerage accounts in order to ‘jump-start’ the market and increase the price of the stock,” the SEC charged. “As a result of the false media campaign and the illegal matched orders, the market price of CO2 Tech stock increased 81 percent increase in one day and trading volume increased 1,573 percent.”

    Ricci and Salazar sold the stock through Red Sea, and the “coordinated misconduct enabled stock sales at artificially inflated prices for profits of more than $7 million at the expense of unsuspecting investors,” the SEC charged.

    Cooperating in the case were the U.S. Department of Justice, the FBI, and the U.S. Postal Inspection Service, FINRA, the Costa Rican Police, the British Columbia Securities Commission, the Israel Securities Authority, the United Kingdom Financial Services Authority and The City of London Police Department, the SEC said.

    In recent days, federal prosecutors also have filed charges against more than 100 people associated with Armenian Power, an international organized-crime group with ties to Russia and Armenia.